Clergy newsletter, edition 15: February 2023
Updated 15 February 2023
Applies to England and Wales
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Introduction
Hello and welcome to the 15th edition of the Clergy newsletter.
In this newsletter we highlight a forthcoming change to legislation that raises the minimum age that a person can get married or have a civil partnership from 16 to 18 years of age. This change comes into effect on 27 February 2023. This newsletter includes a background to the change in legislation, how it will be implemented, how it will affect you and some frequently asked questions.
The Training and Business Improvement Team, General Register Office
Background to the change in legislation
Currently in England and Wales people aged 16 or 17 can get married or enter a civil partnership if they have parental consent to do so. The Government recently passed legislation, The Marriage and Civil Partnership (Minimum Age) Act 2022, which raises the minimum age of marriage and civil partnership to 18. The new law comes into force on 27 February 2023 and from this date both parties must be aged 18 or over to marry or enter into a civil partnership.
How will the changes be implemented?
GRO are engaging with religious organisations, local authorities (register offices) and other stakeholders to highlight what the forthcoming changes will mean for them.
The things you do to help couples prepare for their forthcoming marriage will not change, Banns will still be read in the normal way and there is no change to the Common Licence procedure. You will, however, need to make sure both parties are at least 18 years old on the day of the marriage if they are planning to get married on or after 27 February 2023.
To help GRO will update the Guidebook for the Clergy to reflect the change in the law.
How will it affect me?
From 27 February 2023 no person under 18 years of age will be able to marry under any circumstances, including those who have completed the relevant ecclesiastical or civil preliminaries before the change in law and have parental or judicial consents in place.
If you are aware of any couples planning a marriage at your church where one of both parties are not yet 18 years old, we would recommend that you contact the couple as soon as possible to advise them of the forthcoming change in legislation and discuss options with them.
The options available are either:
1. Marry prior to 27 February 2023, as long as the necessary consents and preliminaries have been completed.
or
2. Delay their marriage until both parties are both aged 18.
Frequently asked questions
1. Why is the legislation changing?
The Government has made these changes to reduce the risks associated with child marriage and civil partnership in England and Wales.
2. What change(s) does the new law introduce?
From 27 February 2023 there is no provision in law for a person who is under the age of 18 years to marry or form a civil partnership in England and Wales.
The change in law means, from that date, there is no longer a need to obtain consents.
3. Does this new law apply to marriages which take place in the Church of England and the Church in Wales?
Yes, the change in law applies equally to civil and religious marriages taking place in England and Wales.
4. Is there an offence if I conduct a marriage where someone is under 18?
The law also introduces a new offence: Under section 121 of the Anti-social Behaviour, Crime and Policing Act 2014
A person commits an offence under the law of England and Wales if he or she carries out any conduct for the purpose of causing a child to enter into a marriage before the child’s eighteenth birthday (whether or not the conduct amounts to violence, threats, any other form of coercion or deception and whether or not it is carried out in England and Wales).
5. What if the couple have already had their banns read, or have been granted a common or special licence, can they still get married?
Even if all the usual preliminaries have been completed the couple cannot get married on or after the 27 February 2023 if they are under 18 years old. In some cases, Banns may need to be read again.
6. What about couples who had to give civil notice and a marriage schedule has been issued?
Where a marriage schedule has already been issued and either of the parties is under 18 you can use the schedule if the marriage takes place before 27 February 2023. After that date the schedule cannot be used until they are both 18. If the schedule has expired before they reach the age of 18 fresh notices will be required.
If you have any comments about this newsletter, please contact GROCasework@gro.gov.uk.